Texas House Bill HB2570

Texas 2025 - 89th Regular

• Filed: 2/7/25

Caption

Relating to extreme risk protective orders and certain other protective orders prohibiting possession of a firearm; creating criminal offenses.

Impact

If passed, HB 2570 would amend the Code of Criminal Procedure and the Family Code to include new stipulations about the issuance, enforcement, and consequences of violating protective orders. Most notably, the bill defines the process for issuing temporary ex parte orders, which allow courts to restrict access to firearms on an immediate basis if there is a credible threat. It also addresses issues surrounding the continued possession of firearms by individuals with protective orders against them, establishing felony classifications for violations.

Summary

House Bill 2570 aims to establish comprehensive regulations regarding extreme risk protective orders in the state of Texas. The bill sets forth definitions and procedures for issuing protective orders that prevent individuals deemed a danger to themselves or others from possessing firearms. It serves to strengthen the legal framework surrounding protective orders, specifically in cases relating to family violence and potential threats involving the use of firearms. The proposed law mandates that persons subjected to such protective orders relinquish their firearms and outlines the protocols law enforcement must follow in enforcing these provisions.

Contention

A potential point of contention with HB 2570 lies in the balance between public safety and the rights of individuals. Supporters of the bill argue that it is a necessary step for minimizing risks associated with firearm access in volatile situations, primarily focusing on protecting potential victims of domestic violence and suicide threats. However, critics may argue that the bill could lead to excessive legal surveillance and unjust restrictions on individuals who may not pose an actual threat, thus raising concerns about civil liberties and due process.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section

Code Of Criminal Procedure

• Chapter 7. Proceedings Before Magistrates To Prevent Offenses
  • Section: New Section

• Chapter 18. Search Warrants
  • Section: New Section

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: New Section

• Chapter 46. Weapons
  • Section: 04

Family Code

• Chapter 85. Issuance Of Protective Order
  • Section: 026